Resident magistrate's Court.

Marlborough Express, Volume III, Issue 144, 14 November 1868, Page 5

Resident magistrate's Court.

; | . TUESDAY, NOV. $, rl«S8. ' •’ iJ [Before S. L. },d« : • rj.V'i ?' t- ■U> «£*l fi /i «•s.*.< ! ' $ r Mr, : toJsthe ; plUiritiff, applied- that lajljthe witnesses should- be ordered outrofs ; iovijlenco ne'should into-a room, and there and have ch’ni municat-ioir with-those- whcrdrad to~ap- ‘ 'jpear after them, lWU&£->'*■ ' u • ■j aMr. .Pittj for defendant* iwbuld'-t»e'equivalent to phicing tliem in cus■tody, lie was '\VilHtt"' thM they should remain in a room aptf rtJ tihrlfU’ their evidence !wus gi, v ‘ v T»i and A'ett ; 4)oy4l?3y‘^ t< tS < r’they chose.

The' were then ■ ,placed. Tn a •odm-hlHlil'-cailedl • ;

, Mr.. "jthe ,cas?,, ; The plaia?iff had- ; lost' th ree' dogs 'while' staying at lenwicktovvn, which he believed had been poisoned. an I for *wducfi he ‘claimed damages of £SO. ' ? _ _ Doiitild i[‘liennan, shepherd, deposed thatj oh October 0 )th, he was at Ren wicktown seeking eih’ijloyment j hid been there a, fortnight; hid got an at Ssy-inpnr-’s; at Meadowbank; hid four dogs of his own withi him* which-he ?pht;iri the stable every night between 9 and-ld : ,’’prior to which they, ran about thejhoitsh within | call! Had them for 9, 1 l,;id3 months,; imd 12 Years —T.vvo-of those -dead | were thoroughly, trained*.! and ..the others (pirlially so; they had no habits of destroying > or-, molesting .’sheep ; had refused £l3 a few days.* befiireelfor one; another, £ 14.; and a third was worth £5. '..Hewyas. nniible to fulfil nis engagement in iquetiee, and claimed £lB as compensation? I Hade a point of 'shutting up the'dogs at 'night ;• on October 3'i stsaw them all before! tea ■time.;' no . one*-had warned ‘ him ; saw jtwo ot them at 1-K£ on Saturday ; missed' two at 9j o’clock!; made, a search for them, jbut did..not find them;; "found?one of the

missing ones alive.iat-Oro’clock next morning running aijQatvthe: house, and another dead, lying underr-the ;stable ; >one of tHe (Others lay on the p ith between-Goff’s'and little, pff the main road -- hatned “ Clydethere was also, a dead cat lying nyar.it the dog .had the appearance of being poiioned strychnine,, having ibanV.ajiput the nostrils.; goutt; dogs would go ah Hour after being p usonejl ; at,B£ saw one of the other dogs which had been locked

up dead, pr just dying, under the tpblo at si'acaulay’s iti cijnsequeiice. of. this- he Sought for Clydethe ~ t hird .jlog, he found

dead near tbe’buck gate ;uid* hot see thenibe'tween locking them up apd finding them dead;-it was in coiisi'qahhce bf' what ho saw that he went to look for them Goff told him previously that . Brydon had laid down poison. Did not take- notice of this statement, but as he was .going to look for his horse did mot do so in consequence. Goff said the poison had not been laidlyet, ! hut was going to be; Several other boarders were present when we found the bitch. Keller and I went to the place where we found some meat—a'■ cooked mutton chop a’ few ya ds off the road, and near M‘lvor’s, oh an unfenced piece of land the phop to Dr. Horne; arid shewed ? it to" Dr. ’Williamsox-< rh ea;dJ cion say he Would" lay poison; ; ■ - : 1 Hy Mr. Pitt : Was staying at Macaulay’s .he fortnight previous; others were lodging there also ; most of them ’had dogs, one of -Which■ was' pensioned the sane morning; saw the two not locked tip between 5 and 6

o’clock; (lid not look for them until 9 ; did not ti mil them ; they might not, for whfut I Know, have had anything to* Vat for tw:9 or threeidayA ; both otiii and door ‘*h nyed'the sane ympt mis of poi o iin£wi h strychnine, as lid the one 1 lb did* filler the Bible ; the .cut lay about*ls I yards from the chop; have %een three dogs die of strychnine, and to - lieve these did,- as saw tone of them die struggling ; do not know of any plt^cy fl at Renwi ktbwn where pbi-ton can be, bought; did not see Brydon either on that'day or the previous one ; but about a week before at' Wairau Valley,- hut not within 6 months atjllmwick. The carcase, was ; not deco.nVpbUed, but seenVed do have been thrown oujt; the (hoi could ’not have .laid,-there above a day. or night; /logs’ were 1 ek‘‘d or»; and some loose , saw Brydonl on

blie 10th' instant; he said h ‘ was sorry I r ll ijl lost jh«* dogs, and wished to know why .1 jus lecti d hiin inbvb than others fold Him 4 had ho’ dnb'else to go upon ; Samuel Carter was ptetohtedh why shiuUln’t I sulninons Dr. kthMhk’s.'iHuhhgef .?; ’ They both J appSK>vVd s df laying poison, down., j IVteiv-Eellar, sh(torer, (leposeil that, on November Ist, he saw hut witness and his three dogs—two* in the stable, and one at the back> of Macaulay’s kitchen—between 6 and 6; and again; playing .about, just before going ti breakfast ; they were .Jlealthy dogs; saw onoof them hating sometl 1 ig,.across the road previously >1 gWe; went over, and a. dog of Mo.ore!s followed us; found the chpp: ippen.. J^nd:i apparently containing strychnine, which looked like fine sglt-b i .isyib q-vi vlifeayaflidgiipoitei I :'’ I By Mr. Pitt: would • not • swear; B rydon put the poison- (belief othanyone by his orders. . toj i ■ 5 <! ’■ to !;n)Villiam Beattie, ’manager for Dr. Benwick, .< Jeppsejj; t]j o/idye up vt*r, n sfcd: fttry ch rime, nor- bver knew that it had been kept ojLfchfc. station, nor wliat it was there for ; was not mvbre that it-wW s legaltonseit,hilt thought 'that it ought to bcv' MM 0 Heard Hrydon fhad lost sheep,’-ahd' with him. He spoke about getting- thedandlord to get people to tie their dogs up.-r Hud not heard of anyone laying: poison J 1* Since thbsb dogs died ntmahf them told.-the ithey were going to lay poison, or destroy any person’s dogs

in any way.: Had no ,cpnveraatioa jfcjbpttt getting poison ; would approve of being done to prevent dogs from killing sbe6p. . ■- ■: ',■{* "> f By Sir. Pitt; Have not seen any poison laid by defendant. Hi? r residence. is ragout two miles from RMwick. in never asked me for, poison that I remember. William Haines, shepherd, deposed, that he, had dogs, 1 and received notice,- from ]W. that if I did not keep up my dogs I 'rriifst abide by the/gon^quehces;. raerly lived at d(^fendan,t r B, but cannot, say he was then; wording fohhiip* Hepd ffonj othbrs that ; a- number of, ~sheep had heel killed : at "John Bi ydop, son of defendant, deposed! His father had lost some sheep by dogs, vph°s? were hnknowh tvgo who were. working them,hut not biting them ; tied them; up and restored them to their owners lost. about 50 sheep ; was not aware that any poiron had-beeq laid on our lahd; nor at Renwicktbwn, or oil Dr. Ren wick’s land, by any, person; have not heard either Campbell, Mclsaao, or mother, or. father talk of, getting f poison,.., seek it. : , ; I .have heard father, going shoot dogs,; and has a gun; he toldfoe hJ would do so, and kept a gun" loaded at Molver’s on that Saturday night, and rb-

marked that father meant to shoot then right out; brought a quarter of meat for mj 'sister; got no orders to lay any poison oi parcel down in Reriwicktowri. 3“; 'p 1 Donald M’ Arthur deposed: pldughman; knew last him faJ Reiver’s; he said he was to;bidhg t a gun up; said nothing about Uog,-. but do riot know urho did 'it;'riptvHth standing enquiry, ' iJ _ ra " Robert Forbes, labourer, depbsedh’Hn'CT Mclsaacs, who was formerly; with 'defend ant; have dogs; on October 3fl^fc'told r ' tn( he had seen my dog on bhb;fldt,ußd:lvmigfi lose him ; did not say; by what means; tie« hinimp. in consequence; •: .J - lit i>pfe| t J3y.defendant;: rHe did. not tell me Brydol was going:to{lay poison;, i A t a William Mclsaac-deposed-; • "Wasiinqtß service of Mt-v Brydpn till r thel{hegptmiig]aj October j nut-aware; of anylmeana= B%ng taken ,to ,destroy dogs; never « person thenPsince talk o| ; ;gpttingopoisos nor heard.d^ifendantisay4# with,the’dpgs,,t)ie telling to keep their dogs tied up^payseM;

tbld both .Forbes apd, Hines because the were friends of mine. T moa Q B sV By. witness ; , {dad. -not the. least .| think 'M meant to poison..th Samuel .Catppbell; 1 firmer, 'deposed 'tlM he lived witli defendant, and kpew lost sheep being taken r for, no conversation about poisoning Or ;takii any means ; never purchased poison from anyoneq ribthmg'pkssediri' ik presence as to r means being r taken i sa plaintiff-a"' Biydpn's; heard hipi'teS, i losing the dogs'; did not hbar' plrimtlif he was glad ; said nothing'/riyselfi Mr. kelson could not f proceed esse further, but it would be defendant; would go into the ; bosnand’ ltd whatohetknewitthorit tUfe>mattef i .- 9& - 4

; WiUiaui iirydou deposed that si led about eighteen, years, «>& Ren wicktowa; kept sheep,"htfdKhild-i-Id sheep; all the > win ter; nin? alloabocd it)oj R 1 dogs;, saw them himself ; twoiweifehaiigb he brought; theiuihorad arid died; thdmc.np’' theJ stable ;i/Ithey_ Mered tetchhdo byuthl owners j / hhdi neteMcettQt them, to, be; shot £ -rievee laid pgisotncingb life, nor seen any for feurteetts-yeara, n By- ifelsofl : ;hi*ds repeatedly SEWN the .owners of dog?,hut, pe&ep apppts&pkt laying ,any ; 'a .person told,, jag. snspidoji;.of aijg£hpfi<pe|fOft; whether .he. should be justified c in Tianu the party. ... Judgment for defendant with’ £4 1( costa.. rfjlaad * v >o’ ■ No appearance of ~{ m<m .The and replacing samp after therFebrafl f■ „ , , d‘i/ J,>hn K ■nnedyidepQped.jihat of section 5hV erected a dividing fet^ee,bjetwee^ Oniaku a‘ notice by post'-to < ■fondant,’,who pwnpijUtbp it had been washed down by jhgvSWfe 1 ® and bank ; cost was half ot the whole; interest -was 15 £2; Bs. was^half’the, aSs.fi fence the defl>ahcPfiSd Bfeda : m adp, anofl summon/served!'’-. l '’ va: ■- ’ .1- vj Moore provedfhe erection of theta and it'; ii $m 10s. per^chaih; Kehpedy found 'the/, terial j Kennedy paid him 83! for cep itiFebraary; : Judgmen£'for'*plauitifF : ' 225. costs. r < Sti!

DODSON V, JCIKENAIf. Defendant did not appear. “ fjt lfr Nelson, for plaintiff, called S'- Morris Sklaark, who deposed that he knew Richard Kiernan, of Wairau Valley; believed the signature on note produced to be bis. - ; Judgment for plaintiff for £l4 13s. 6d., with £2 16s. costs. ; - OANE V. TIMOTHY. ' Dlaim for £2 6s. 9d. for work done, • James Gane proved that the debt was incurred by defendant, a maori. After a long sxamination, it resulted in a verdict for plaintiff for the sum claimed, less 10s., said t>y defendant to be be paid on account, and time given for payment till January n *xt.